Domestic Violence

In California, domestic violence isn’t a single crime—it’s a category that includes various offenses committed against someone you have (or had) an intimate relationship with. Under Penal Code 13700, domestic violence applies to abuse against a spouse, former spouse, cohabitant, someone you’re dating or used to date, the parent of your child, or certain family members. The most common charge is domestic battery under Penal Code 243(e)(1), but domestic violence cases can involve assault, threats, stalking, or even vandalism if committed against someone in a protected relationship.

What makes these cases different from other criminal charges is the mandatory arrest policies, the automatic protective orders, and the serious collateral consequences that come with a conviction. When law enforcement responds to a domestic violence call, California law often requires them to arrest someone—even if the alleged victim doesn’t want to press charges, even if there are no visible injuries, and even if both parties were involved. Once the arrest is made, the district attorney’s office takes control of the case, not the alleged victim.

These cases frequently arise from arguments that escalated, false or exaggerated allegations made in anger, mutual physical altercations where both parties were involved, or accusations connected to divorce and custody disputes. We’ve represented clients who never touched anyone but were arrested for verbal threats, clients whose partners were the actual aggressors, and clients accused by people with clear motives to lie. The circumstances that lead to these charges are often complex, emotional, and far from what the police report suggests.

Types of Domestic Violence Charges We Defend

Common domestic violence offenses include:

• Domestic Battery (PC 243(e)(1)) – Willful and unlawful touching of an intimate partner in a harmful or offensive manner, even without visible injury.
• Corporal Injury to a Spouse (PC 273.5) – Inflicting a physical injury that results in a traumatic condition (any injury, however slight), making this a felony charge.
• Domestic Assault (PC 240) – An unlawful attempt to commit a violent injury against an intimate partner, even if no physical contact occurs.
• Criminal Threats (PC 422) – Threatening to kill or seriously injure an intimate partner in a way that causes them sustained fear, regardless of whether you intended to carry out the threat.
• Stalking (PC 646.9) – Repeatedly following, harassing, or threatening an intimate partner in a way that causes reasonable fear for their safety.
• Violation of a Restraining Order (PC 273.6) – Any contact or communication with a protected person when a restraining order is in place, even if the contact was initiated by the protected person.
• Child Endangerment (PC 273a) – Placing a child in a situation where their health or safety is endangered, often charged when children witness domestic violence incidents.
• Elder Abuse (PC 368) – Physical or emotional abuse of a domestic partner who is 65 years or older, carrying enhanced penalties.
• Vandalism/Property Damage (PC 594) – Damaging property belonging to an intimate partner during a domestic dispute.
• False Imprisonment (PC 236) – Restricting an intimate partner’s freedom of movement, such as blocking a door or taking car keys during an argument.

Penalties for Domestic Violence Convictions

Domestic violence convictions can result in:

• Jail or prison time – Misdemeanor domestic battery typically carries up to 1 year in county jail; felony corporal injury can result in 2-4 years in state prison
• Substantial fines – Up to $2,000 for misdemeanors, $6,000+ for felonies, plus mandatory restitution to the alleged victim for medical expenses, counseling, and other costs
• Mandatory batterer’s intervention program – 52-week court-ordered program (minimum one year) focusing on domestic violence education and behavioral change
• Protective orders – Criminal protective orders that can last 10 years, preventing contact with the alleged victim and potentially requiring you to move out of your shared home
• Loss of firearm rights – Any domestic violence conviction, including misdemeanors, results in a lifetime prohibition on owning or possessing firearms under federal law
• Immigration consequences – Domestic violence convictions are considered crimes of moral turpitude and crimes of domestic violence, which can lead to deportation or denial of naturalization
• Child custody and visitation impact – Family court considers domestic violence convictions when determining custody arrangements, often resulting in supervised visitation or loss of custody
• Professional license consequences – Many professions require disclosure of criminal convictions, and domestic violence charges can affect licenses in healthcare, education, law, and other fields
• Permanent criminal record affecting employment, housing, volunteer opportunities, and your reputation in the community

Why You Need an Attorney for Domestic Violence Charges

Early Intervention Changes Everything

The protective order issued at your arraignment can prevent you from returning home, seeing your children, or contacting your partner—even if they want to talk to you. Understanding your rights from the beginning helps you avoid violations that could lead to additional charges. Early representation also means we can begin gathering evidence, interviewing witnesses, and identifying defenses while memories are fresh and evidence is available.

These Cases Are Complex

Domestic violence cases involve layers of legal issues beyond the criminal charges themselves. There are restraining order hearings, family court implications, child custody considerations, and potential immigration consequences. The alleged victim’s credibility, the presence or absence of injuries, prior police calls to the residence, and the relationship history all factor into how prosecutors evaluate these cases. Understanding which evidence helps your case and which doesn’t requires experience with how these cases are prosecuted locally.

The Consequences Are Permanent

A domestic violence conviction affects your life in ways that go far beyond the criminal penalties. The firearms prohibition is lifetime and applies to both felonies and misdemeanors. Family court will consider the conviction in custody proceedings for years to come. Employers who conduct background checks will see the conviction. And if you’re ever arrested again, prosecutors will treat you more harshly because of your record. These consequences don’t expire when you complete probation.

Experience Matters

We’ve defended domestic violence cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We understand how local prosecutors evaluate these cases, which judges are receptive to diversion programs, and how to effectively present evidence of false allegations or mutual combat. We know the local batterer’s intervention programs, the process for modifying protective orders, and the options for avoiding a conviction on your record. That local experience informs every decision we make in your case.

How Central Coast Criminal Defense Can Help

With over 15 years of experience defending domestic violence cases throughout San Luis Obispo, Santa Maria, and Lompoc, we provide:

• Thorough Case Investigation – We review police reports for inconsistencies, interview witnesses who can provide context, obtain medical records and photographs, examine the history of the relationship, and identify evidence of false allegations or exaggerated claims.
• Strategic Defense Development – We evaluate self-defense claims when you were protecting yourself from the actual aggressor, examine mutual combat situations where both parties were involved, investigate false allegations connected to custody disputes or relationship breakups, and identify lack of evidence cases where no injury occurred.
• Skilled Negotiation – We work with prosecutors to present mitigating factors, explore diversion programs that can keep your record clean, negotiate reduced charges to non-domestic violence offenses when appropriate, and advocate for minimal protective order restrictions that allow you to maintain necessary contact.
• Restraining Order Representation – We represent you at restraining order hearings to contest the allegations, modify overly restrictive orders that prevent you from going home or seeing your children, and present evidence that the order isn’t necessary or was obtained based on false information.
• Personal Attention – You work directly with experienced trial attorneys who understand the sensitivity and complexity of these cases, and we’re available to answer questions about protective orders, court requirements, and case strategy.

We understand that domestic violence cases often involve complicated relationships, intense emotions, and situations where both people bear some responsibility for what happened. We’ve represented clients who were defending themselves, clients whose partners made exaggerated claims during an argument, clients falsely accused during contentious custody battles, and clients who made mistakes but aren’t dangerous people.

Our approach focuses on understanding what actually happened, not what the police report claims happened. We examine the alleged victim’s credibility, motives, and history. We look at photographs, medical records, and witness statements. We identify inconsistencies and alternative explanations. And we work within the legal system to present your side of the story in a way that prosecutors and judges will consider.

These cases can be defended. Not every accusation is true. Not every argument that got physical means someone should lose their children, their home, and their right to own firearms. We know how to evaluate evidence, challenge weak cases, and negotiate outcomes that protect your future. Whether you’re dealing with false allegations, a situation that escalated beyond what you intended, or charges that don’t reflect what actually occurred, we’re here to ensure your voice is heard.

Don’t Wait—Call Us Today

Domestic violence charges require immediate attention, particularly because of the protective orders that can affect your housing, your children, and your daily life. Understanding your options early helps you make informed decisions.

You deserve representation that understands these cases. Let’s talk about your situation.